Section 4 of the Abortion Act 1967 provides a conscientious objection to participation in abortion procedures. However, the scope of this conscientious objection clause is routinely being challenged. In 2012, the General Medical Council released its Draft Guidance on Personal Beliefs and Medical Practice, which stated that doctors must “be prepared to set aside their personal beliefs” in relation to a variety of controversial areas, including prescribing contraceptives – including the abortifacient morning-after-pill, referring women for abortions and performing “gender reassignment surgery.”
There have been a number of cases in the past few years that have followed a similar pattern in that no exemption will be made where a Christian has a conscientious objection in the workplace because he or she cannot endorse, condone or approve homosexual conduct.
Hate speech laws are very strict in France. Since the law of December 8th, 2004, any discrimination in speech against homosexuals is forbidden. Christians for example are unable to publically say that having a same-sex relationship is a sin. The consequence is that nobody criticizes homosexuality in itself on TV, radio or in newspapers.
Swedish penal law contains the crime “agitation against a national or ethnic group,” a crime that carries a maximum penalty of 2 years in prison. The Swedish government charged four activists who wanted to “start a debate about the lack of objectivity in the education in Swedish schools” by distributing leaflets on the "homosexual agenda".
According to section 5 of the Public Order Act 1986, it is criminal offence to use “insulting words or behaviour” which is “likely to cause harassment, alarm or distress.” Originally enacted to combat football hooliganism, this provision has led to the arrest and prosecution of many Christian street preachers in recent years.
Anti-stalking legislation is used against side-walk counselling or picketing. On October 25th, 2011, the state court of Graz, Styria, upheld a judgement of the first instance condemning pro-life side-walk counsellors to pay fines on the grounds of “stalking.”
Christian-inspired non-governmental pro-life organisations often express their faith and their convictions by protesting in front of abortion clinics, or by simply standing in front of clinics or counselling centres in order to offer conversation and alternatives. In the German cities Freiburg and Munich, this activity has been severely limited. Local courts have given in to the pressure by the targeted locations, which could have been mainly financial ones. Courts have restricted the form of manifestation as well as established a geographical ban. Appeals are on-going.
Anti-religion groups have created a climate hostile to frank discourse. Besides defamation campaigns and negative stereotyping, hate incidents have come to the Observatory’s notice. Activists physically prevented a professor to enter an auditorium to voice deviating views. Anti-religion slogans and images are often used in hurtful manners, such as the public destruction of crosses, the image of Jesus as a crucified pig, or slogans such as “We are here to hurt your feelings” or “If Mary had had an abortion, we would have been spared people like you”.
Law 93-121 of January, 27th, 1993, so- called “loi Neiertz” made it a specific offense to obstruct abortions. Therefore manifestations in front of hospitals are frequently not permitted. A well-known doctor and embryologist, Xavier Dor, was condemned and sentenced to prison several times because he prayed together with a few others in front of a hospital and obstructed legal abortions. At 83, his latest trial is on-going.
Organisations may base their work on whatever beliefs or convictions - but to receive public funding, they must not object to current legislation. This creates a problem for Christian organisations especially with regard to objecting to medical procedures.